Man gets guns back after charges dropped in domestic case

Gabriel Spizzirro listens to Judge Brian Lambert discuss his case after Spizzirro filed a motion to have his firearms returned when State Attorney's Office did not pursue charges against him.

Doug Engle/Star-Banner

By Vishal PersaudStaff writer

Published: Thursday, January 3, 2013 at 2:44 p.m.

Last Modified: Thursday, January 3, 2013 at 2:44 p.m.

A judge on Thursday ordered that a man's two handguns be returned to him. They had been confiscated after the man was accused of aggravated assault with a firearm and improper exhibition of a firearm during a dispute with his ex-fiance.

The State Attorney's Office decided not to pursue charges after it found insufficient grounds to secure a conviction against Gabriel A. Spizzirro, 47.

On Aug. 26, Spizzirro allegedly shot at Michelle Phillips during a dispute in Morriston.

In a written statement to the Marion County Sheriff's Office, Phillips said Spizzirro was mad at her because she had not replaced dirty towels with clean ones.

Spizzirro reportedly got upset when he realized he had wiped his face with a dirty towel and began yelling at Phillips with a gun in his hand.

Phillips ran outside toward a car. Spizzirro fired several times at the right front tire and barely missed the victim, the report stated.

Spizzirro told officials he was upset with Phillips because there was pending civil litigation between them over a car. He told officials he thought Phillips would take paperwork related to the civil case while he was at church, so he shot at the tire to prevent her from leaving, the report said.

Law enforcement removed Spizzirro's two handguns from the house.

Shortly after the judge's decision on Thursday, Spizzirro said outside of the courtroom that Phillips robbed him of several items, but that prosecutors refused to file charges against her.

He also said he was wrongfully arrested and that the police had to arrest someone because it was a domestic dispute.

"They wanted to put me away for 20 years for something that I didn't do," Spizzirro said outside the courtroom.

In a written statement to Circuit Judge Brian Lambert, Phillips asked that the court lift the restraining order she had against Spizzirro and allow him possession of his firearms.

"I was under the influence of my medication which, combined with no sleep, made me hallucinate and see things that never occurred," Phillips wrote. "Gabriel (Spizzirro) did not shoot at me. He has never caused me harm of any kind, and I am truly sorry I put this gentleman through because of my mistake of memory."

Phillips also wrote that she didn't believe Spizzirro had committed any crime.

Spizzirro said he plans to relocate to Thailand.

"It's like a foreign country down here after being raised in New York," he said.

Contact Vishal Persaud at 867-4065, vishal.persaud@starbanner.com or on Twitter @vishalpersaud.

<p>A judge on Thursday ordered that a man's two handguns be returned to him. They had been confiscated after the man was accused of aggravated assault with a firearm and improper exhibition of a firearm during a dispute with his ex-fiance.</p><p>The State Attorney's Office decided not to pursue charges after it found insufficient grounds to secure a conviction against Gabriel A. Spizzirro, 47.</p><p>On Aug. 26, Spizzirro allegedly shot at Michelle Phillips during a dispute in Morriston.</p><p>In a written statement to the Marion County Sheriff's Office, Phillips said Spizzirro was mad at her because she had not replaced dirty towels with clean ones.</p><p>Spizzirro reportedly got upset when he realized he had wiped his face with a dirty towel and began yelling at Phillips with a gun in his hand.</p><p>Phillips ran outside toward a car. Spizzirro fired several times at the right front tire and barely missed the victim, the report stated.</p><p>Spizzirro told officials he was upset with Phillips because there was pending civil litigation between them over a car. He told officials he thought Phillips would take paperwork related to the civil case while he was at church, so he shot at the tire to prevent her from leaving, the report said.</p><p>Law enforcement removed Spizzirro's two handguns from the house.</p><p>Shortly after the judge's decision on Thursday, Spizzirro said outside of the courtroom that Phillips robbed him of several items, but that prosecutors refused to file charges against her.</p><p>He also said he was wrongfully arrested and that the police had to arrest someone because it was a domestic dispute.</p><p>"They wanted to put me away for 20 years for something that I didn't do," Spizzirro said outside the courtroom.</p><p>In a written statement to Circuit Judge Brian Lambert, Phillips asked that the court lift the restraining order she had against Spizzirro and allow him possession of his firearms.</p><p>"I was under the influence of my medication which, combined with no sleep, made me hallucinate and see things that never occurred," Phillips wrote. "Gabriel (Spizzirro) did not shoot at me. He has never caused me harm of any kind, and I am truly sorry I put this gentleman through because of my mistake of memory."</p><p>Phillips also wrote that she didn't believe Spizzirro had committed any crime.</p><p>Spizzirro said he plans to relocate to Thailand.</p><p>"It's like a foreign country down here after being raised in New York," he said.</p><p><i>Contact Vishal Persaud at 867-4065, vishal.persaud@starbanner.com or on Twitter @vishalpersaud.</i></p>